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November 7, 2004    DOL Home > ODEP > Publications > ADA Brochures

Americans with Disabilities Act Focus on Public Accommodations

Purpose

The purpose of the Americans with Disabilities Act (ADA), PL 101-336, is to extend to people with disabilities civil rights similar to those now available on the basis of race, color, national origin, sex and religion through the Civil Rights Act of 1964. It prohibits discrimination on the basis of disability in:

  • employment,
  • services rendered by state and local governments,
  • places of public accommodation,
  • transportation,
  • telecommunications services.

This brochure focuses on the rights customers and consumers with disabilities have when doing business with the private sector. Other provisions of the ADA are covered in other brochures in this series.

Key Public Accommodation Provisions

  • Public accommodations such as hotels, restaurants, theaters, stores, offices, transit stations, museums, parks, schools, social service agencies and gyms must not discriminate against individuals with disabilities.
  • These provisions generally became effective January 26,1992.
  • Policies and practices must be changed in order to avoid discrimination.
  • Auxiliary aids and services are required unless the business can demonstrate undue hardship.
  • Existing facilities: Barriers must be removed when such removal can be accomplished without much difficulty or expense. If not, alternative methods of making goods and services available must be in place, if such methods are readily achievable.
  • Altered facilities: Altered area must be accessible to the maximum extent feasible. When alterations affect a primary function area, a path of travel to the altered area and restrooms serving the altered area must be accessible to the extent that added costs are not disproportionate.
  • New facilities must be accessible unless structurally impracticable.
  • Elevators need not be provided in buildings under three floors or with less than 3000 square feet per floor, other than in shopping centers and health care buildings.
  • Bona fide private clubs and religious groups are not covered by these provisions.

The ADA says. . .

"No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation."

Enforcement

The Department of Justice (DOJ) is the Federal agency that is responsible for enforcing ADA public accommodation provisions. The Access Board issues minimum guidelines for accessibility of new or remodeled structures.

Timetables or compliance vary from section to section in the ADA. Most public-accommodations provisions are effective January 26, 1992, however; some exceptions are detailed in the Act.

Regulations and Information

  • ADA Regulations for Title III - Public Accommodations contact:
    U.S. Department of Justice
    P.O. Box 66738
    Washington, DC 20035-6738
    202/514-0301 - Voice
    202/514-0383- TTY
    Alternative formats are available.
  • ADA Accessibility Guidelines for Buildings and Facilities, and those for Transportation Vehicles contact:
    U.S. Access Board
    1331 F Street, NW
    Suite 1000
    Washington, DC 20004-1111
    202/272-5434 - Voice
    202/272 5449 - TTY
    800/872-2253 - Voice/TTY
    Alternative formats are available.
  • The Office of Disability Employment Policy has other ADA brochures and publications. Alternative formats are available.

Revised August 1993



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